Ad-Hoc Query on managing an increasing asylum influx. Requested by NL EMN NCP on 5 January Compilation produced on 10 April 2015

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1 Ad-Hoc Query on managing an increasing asylum influx Requested by NL EMN NCP on 5 January 2015 Compilation produced on 10 April 2015 Responses from Austria, Belgium, France, Germany, Italy, Netherlands, Sweden, United Kingdom plus Norway (9 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information The influx of asylum seekers in the Netherlands is very high and it is conceivable that this situation will remain so. The Directorate for Asylum of the Dutch Immigration and Naturalisation Service is planning for a scenario in which the influx of asylum seekers will become even higher than it is today. Therefore, the Directorate for Asylum is analysing what procedural and policy measures may be considered regarding the asylum procedure in order to manage an further increase of the influx of asylum seekers in the Netherlands. In formulating additional measures, the best practices of fellow Member States in similar positions will be taken into account. The possible measures will be considered in relation to six aspects that form the basis of this questionnaire.

2 For each aspect we will examine whether a best practice for dealing with an increased inflow can be deduced. A proposed measure will be accompanied with a comprehensive cost-benefit analysis. Policy related actions will be considered in relation to EU minimum standards. 1. Flexibility of the asylum procedure. a) What time limits do you have to commit to within the asylum procedure? b) Which exceptions are possible in case of increased influx? Registration fase. a) Does your country have a separate procedure at the beginning of the asylum procedure with questions about ID, nationality and travel route? b) During this application process, is the asylum seeker being asked about his asylum account? c) Are there any bottlenecks in this procedure? Fast track for certain target groups within the asylum procedure. a) Does your country have a fast track procedure for certain target groups within the asylum procedure (such as Syrians or minorities)? b) Is there also a distinction between groups with little suspicion of fraud (such as Syrians) and groups with high suspicion of fraud? 4. Accelerated procedure. Do you have an accelerated procedure in accordance with the Procedure Directive? 5. Directive on temporary protection 2001/55/EC. To what extent have you made use of the Directive on temporary protection (2001/55/EC), when after a EU decision immediate and temporary protection is provided during a mass influx? 6. Family reunification procedure and questions. Do you already pose questions about family members who are still in the country of origin, during the asylum procedure? We would very much appreciate your responses by Monday 2 February Responses 1 Austria Yes 1. a) Admission procedure: 20 days (exception consultations in the Dublin procedure) General time limits for decisions: each instance has a six-month time limit for a decision. 1 If possible at time of making the request, the Requesting EMN NCP should add their response(s) to the query. Otherwise, this should be done at the time of making the compilation. 2

3 b) a) With submission of the application for international protection the so-called admission procedure starts, in which it must be decided within 20 days, if the application is granted already at this stage, if it is to be rejected or dismissed or if the application is to be admitted to the further procedure. Following submission of an application for international protection, an interrogation of the asylum seeker shall be conducted within 48 hours, and at the latest after 72 hours, by agents of the public security, in which the identity, the nationality, the travel route and (roughly) the reasons for flight shall be ascertained (so-called initial questioning). Subsequently, an asylum seeker shall be interviewed in the admission procedure at least once personally by an organ of the Federal Office for Immigration and Asylum for the establishment of the material facts (reasons for flight) b) Yes, see above. c) a) Yes, applications by persons from a safe country of origin are dealt with in an accelerated procedure. This means, that first instance decisions within two weeks are the rule. b) Yes. 4. Currently a legislative package is being elaborated, in which amongst others the establishment of an accelerated procedure within the meaning of Art. 31 of the Procedure Directive is planned. 5. The Federal Government can grant according to Art. 62 of the Asylum Act in agreement with the Main Committee of the National Council for times of an armed conflict or other circumstances endangering the security of entire sections of population, with regulation a temporary residence right in the federal territory for directly affected groups of foreigner, who otherwise find no protection ( residence right for displaced persons ). 6. Yes, this information is obtained in the framework of the interviews. Source: Federal Ministry of the Interior Belgium Yes 1. a) For a normal asylum procedure there is no time limit for the first instance asylum instance: the Office of the Commissioner General for Refugees and Stateless Persons (CGRS) to take a decision, but there is the goal the take a first instance decision within 6 months after lodging the asylum application. However in some specific situations, the CGRS will accelerate or prioritize the examination of the 3

4 application and has to take a decision within a prescribed period of time: 2 working days in case of a subsequent application in detention 5 working days in case the applicant is an EU-national 8 working days in case of a subsequent application 15 working days in case the applicant originates from a safe country of origin 15 working days in case the applicant has already obtained refugee status in a EU Member State that still effectively protects them 15 days in case the Minister demands a priority treatment (injunction right) 15 days in case the applicant is considered as a threat to public order or national security 15 days when the applicant is detention 2 months for eight specific situations described in law (art Immigration Act) The deadlines are legal time limits, but are considered to be indicative only, as there are no sanctions attached for the CGRS should they not be respected. An asylum seeker has to apply for asylum with the Immigration Office, were the registration occurs and fingerprints are taken. Once Immigration Office has transferred the administrative file, the CGRS will summon the applicant for international protection for an indepth interview. Once a person applied for asylum, these are the following minimum time limits to summon the asylum applicant for an interview following the asylum application: 8 days for normal procedures, and the specific situations described in art of the Immigration Act. 48 hours in case of a subsequent asylum application, for applicants from safe countries of origin, EU-citizens, subsequent asylum applications, refugee status in another Member State, threat to public order, border procedure or in detention. 24 hours for subsequent asylum applicants who are in detention. b)the right of injunction by the Minister (art 52/2 of the Immigration Act) can be exercised at any time, through an official letter to the Commissioner general for refugees and stateless persons. This happened in October 2010 when the Minister requested an accelerated treatment of applications from Serbia, Macedonia and Kosovo (this was before the adoption of the list of safe countries of origin). Furthermore the Commissioner General for Refugees and Stateless Persons has the possibility to prioritize certain cases, or to put certain cases on hold (e.g. when the security situation in a country of origin is unclear). There are no exceptions foreseen in law to deviate from the minimum time limits to interview an asylum applicant 4

5 a) Yes, when filing an application for international protection with the Immigration Office, applicants are required to do the following: Have their photographs and fingerprints taken Undergo a chest x-ray to detect tuberculosis Appear at an interview with immigration officials, with the assistance of an interpreter, if requested Make declarations in order to establish identity, travel route and origin Complete a questionnaire in order to establish the reasons for fleeing as well as the possibility to return to the country of origin. The Immigration Office also determines the language in which the asylum procedure will take place. In Belgium, this is either Dutch or French. b) Yes, the questionnaire provides some information about the reasons to apply for asylum and gives the CGRS the opportunity to prepare its examination and to prepare the interview with the applicant. c) In case of increased influx the registration phase can be bottleneck. In the past it occurred that staff of the CGRS were temporay detached to the Immigration Office to reinforce the asylum unit of the Immigration Office to assist with the registration and completing the questionnaire. a) There is no formal fast track procedure, but for some countries of origin or in some situations the Commissioner General for Refugees and Stateless persons can decided to focus on certain aspects during the interview (which sometimes makes it possible to do several interviews in one day) or to speed up decision making. b) There is no such distinction, every asylum application is assessed on its individual merits. Nevertheless for countries of origin where fraud (for example fraud on the country or region of origin) is more common, more attention is given during the interview to assess credibility. 4. Yes, in Belgium there are accelerated procedures for: - Subsequent asylum applications - Applicants from safe countries of origin - Applicant who are EU-nationals - Applicants with a refugee status in other EU Member state - Applicants being held at the border or in detention (border procedure) 5. 5

6 The Temporary Protection Directive is implemented in national law (art. 57/29 to 57/36 Immigration Act). The Immigration Office is the authority responsible for the treatment of the applications for temporary protection. Applications for temporary protection will thus not be examined in the regular asylum procedure by the CGRS. Temporary protection will be given from the moment that a Council decision is adopted according to the procedure laid out in Council Directive 2001/55/EC of 20 July However, a detailed national procedure for the granting and withdrawing of applications for temporary protection that must be followed from the moment that such a Council decision enters into force, has until now not yet been elaborated in Belgian legislation. 6. Yes, the Immigration Office and the CGRS will ask questions about the family composition of the asylum applicant. In case it concerns an unaccompanied minor, also the Guardianship Service will try to get information about the family ties of the person. There is no procedure for family reunification for applicants of international protection awaiting a final decision on their claim. France Yes 1. a) The draft law on asylum, presented in the Council of Ministers on 23 July 2014, should be introduced in It aims at strengthening rights of persons in need of international protection and taking decision on asylum applications rapidly. The aim is in particular to ensure a faster processing of asylum applications within an average of 9 months. b) A temporary protection may be granted to a foreign national who has fled conflict in his/her country of origin. The duration of temporary protection is 1 year and may be extended up to 2 years. a) In order to apply for asylum, foreign nationals have to go to the prefecture and apply for authorisation to stay in France as an asylum seeker. The application includes questions about ID, nationality and travel route. This information is in particular useful under the Dublin procedure. b) Yes. The asylum seeker is necessarily asked about his/her asylum account during the application process. c) There may be bottlenecks in the application process, because of the continuing increase of asylum applications over the past few years. a) Yes, in particular for Syrian nationals. The asylum application is processed by the French Office for the Protection of Refugees and Stateless Persons (OFPRA) within a maximum of 3 months. b) No. 4. The priority procedure is applied to asylum seekers from countries placed on a list of safe countries of origin, those considered as a 6

7 threat to public order, or those whose application is deemed fraudulent. 5. There has been no decision by the Council so far. Germany Yes 6. Yes, the draft law on asylum aims at facilitating family reunification. 1. a) The German asylum procedure does not have fixed time limits. In 2014 the decisions of first-asylum and follow-up applications have been made within 7.1 months. The government intends that cases shall be dealt with within 3 months. b) There are no exceptions. a) Yes, the Federal office has a registration phase. While lodging the application for asylum, an electronic file is opened in the MARiS workflow system by an employee of the asylum procedure secretariat. At that time a check is run as to whether this is a first application, a follow-up application, or a multiple application. Data are matched, or an initial registration is filed in the Central Register of Foreigners (Auslaenderzentralregister). Moreover, the identity of all asylum applicants has to be documen ted by identification measures. Photographs are taken and fingerprints are recorded via live scan, and these are sent to the Federal Criminal Police Office. Fingerprints are compared with national (AFIS) and European (EURODAC) databases. Furthermore, the questioning regarding a potential Dublin procedure is also carried out during the registration phase. b) Questions with regard to the asylum account are not posed during the registration process. c) An appointment to make the personal application is set in consul tation with the initial reception centre. Because of the high influx combined with shortage of staff and lack of interpreters, the registration of applicants entails waiting time. a) The Federal Office has a fast track procedure for applicants from Syria and for religious minorities from Iraq. Because of the high protection quota of these groups, the Federal Office abstains from conducting personal interviews. Instead of the personal hearings the Syrian and Iraqi applicants have the opportunity to give a written account by using a special questionnaire. b) The waiving of personal interviews concerning certain target groups includes a certain amount of risk that nationality frauds remain undetected. Therefore, the Federal Office has intensified the activity of interpreters during the registration phase so that suspicious cases can be debunked. 7

8 4. The Federal Office focuses on the acceleration of asylum procedures from safe and unsafe countries of origin in practise we try to fasten procedures from countries with low protection quota (Serbia, Bosnia-Herzegovina and Former Yugolav Republic of Macedonia) as well as countries with high protection quota (Syria, religious Minorities Iraq). 5. Germany has implemented this directive into national law. Until this far we have never made use of this. 6. Yes, Germany also poses extensive questions about family members (e.g. names/relation) in the asylum procedure. Italy Yes 1 a) In Italy, asylum applications are examined by the Territorial Commissions for the Recognition of International Protection, which have responsibilities on a geographical basis. The competent commission hears from the applicant within 30 days from the date of receipt of an application and takes a decision in the 3 following days. b) In the case of a massive influx of displaced people due to particular emergencies, Italy uses the Temporary Protection Procedure. 2 a) There is a single registration procedure for asylum seekers. However, if the applicant has arrived in Italy without any identity document or any other document proving their nationality and personal particulars, or if their application for international protection is based on elements that are not available or need verification, the authority may decide that the applicant should be hosted in a centre for identification (for no more than 20 days). If after this time limit the Territorial Commission has not yet taken a decision regarding the application, the applicant is granted a three-month residence permit, which can be renewed until the procedure is settled. b) When filing the application, the TCN has to indicate the reasons why they are seeking refugee status, producing any documents that may help support their claim. c) There are no particular bottlenecks at this stage. 3 a) Italy has a fast-track procedure that may be used when: - The application is well grounded; - The application is submitted by a person from a vulnerable group (children, disabled people, the elderly, pregnant women, single parent with minor children, victims of torture, rape or other forms of psychological, physical or sexual violence); - The application is submitted by a person held in a Centre for Identification and Deportation or in a Reception Centre for Asylum Seekers. 8

9 b) Not in particular. 4 In Italy accelerated procedures are only provided for in the cases indicated above. 5 Temporary protection measures were used in Italy following the declaration of the state of emergency on national territory due to the exceptional inflow of displaced people from North Africa on 12 February 2011 (Decree of the President of the Council of Ministers of 12 February 2011, extended until 31 December 2012). They were applied only in favour of citizens from North Africa who entered Italy after 1 January 2011 and by 5 April 2011 (and who submitted the relevant applications within 8 days from the publication of the Decree in the Official Gazette). The Decree established that a temporary (six-month) residence title for humanitarian reasons could be issued to Nord- African citizens fulfilling specific subjective and objective requirements. 6 Yes, protecting the family unit is a fundamental principle of the Italian legal system. The form an applicant must fill in when applying for the recognition of the refugee status under the Geneva Convention (Form C/3) contains the applicant s personal particulars (name, surname, date of birth, place of birth, and nationality), as well as the personal particulars of the family members (name and surname of the applicant s parents, husband/wife and children, and the place where they are). Moreover, the applicant has to specify whether his/her family members are in Italy or other countries, including the country of origin. Netherlands Yes 1. a) The Dutch asylum procedure is not so flexible. After a rest and preparation period (minimum of 6 days), the General procedure starts. The Netherlands knows a fixed timeframe for each step in the procedure. In principle the case will be dealt within the General Asylum procedure (8 days). If further examination is indicated, the case will be send to the Extended Procedure (max 6 months). There are no fixed time frames per step within the Extended Procedure. b) There are no exceptions, but you can use the Rest and preparation period to plan the General procedure (e.g. extend the rest and preparation period). There is no maximum, but the decision has to made within 6 months so it s not completely without limits. a) Yes, we have the so called registration fase. After the registration fase, the General Procedure starts. b) There are no questions about the asylum account posed during the registration fase, the asylum seeker hasn t been prepared yet during this fase. c) The procedure runs smoothly but during increased influx we experience bottlenecks like there are no interpreters available and a limitation in housing. To deal with the issue of interpreters and to make the registration fase quicker, we started to give Syrians a form in Arabic that they fill in as soon as they arrive in the application centre. Almost all questions about the identity and nationality are posed. Interpreters will translate the forms as soon as they are handed in and will fill this into an application. This saves time for the interviewers of the Immigration and Naturalisation Service. This can be used for Syrians because they are (almost all) educated and capable of writing. 9

10 a) For some nationalities two interviews in one day can be held. Normally we count one day for one interview, but with nationalities like Syrians it is possible to do several interviews in one day. b) During increased influx, we have developed a classification that we expect cases to be more labour-intensive (e.g. 1F, fraud, etc) and less labour-intensive, in order for us to fast-track the ones that are less labour intensive. For all nationalities certain questions have to be posed. Sometimes a certain nationality requires extra questions (based on profiling), e.g. when there are signs of fraud. In that sense there is a difference, e.g. when there is a suspicion that there are a lot of imposters from a certain country, additional questions about the country of origin will be pose (profiling). 4. As of 1 January 2014, measures took effect to further shorten the procedural timeframes. This involves the creation of a single asylum procedure, in which all grounds for protection are assessed, both related to asylum and other (e.g. humanitarian, medical or familyrelated) grounds. By aligning the Dutch grounds with the provisions of the Qualification Directive, this reform has also brought Dutch policy closer to the policy of other EU member states. The procedure for Dublin cases has also been made faster and more efficient. This reform also included the introduction of an accelerated procedure for subsequent asylum applications. First the asylum seeker has to express his wish to lodge an application in writing, whereby indicating in short the notice for the subsequent application (new elements). An assessment of the existence of new facts or circumstances will be made within one day. If no new facts or circumstances are found, the application will be rejected immediately. If further investigation is required, the application will be processed normally. Files of rejected asylum-seekers will be transferred directly to the Repatriation and Departure Service. 5. We have implemented this directive to national law. Until this far we have never made use of this. 6. Yes, we already pose questions about family members (e.g. names/relation/details about when they lived together) in the asylum procedure. During the family reunification procedure, further questions can be posed e.g. when there is a doubt about the family ties. Sweden Yes 1. a) There are no fixed time frames as such for the asylum procedure, with the exception of the accelerated procedure for manifestly unfounded claims (which need to be finalized within 3 months) and Dublin cases, where legal provisions stipulate time frames. Earlier on, the Government s budget and policy specification and instruction to the Migration Board would stipulate time frames for the processing of certain types of applications, e.g. those of unaccompanied minors. For 2014 specific time frames were not given, rather the Migration Board was given the task to reduce end to end processing times significantly for certain types of applications. Asylum seekers would typically lodge their application at one of the Migration Board s several Application Units. As a rule applications are registered the same day as the applicant arrives. Upon registration the asylum seeker is given an appointment for the asylum interview. Currently the average waiting time from the time of applying to the asylum interview is 81 days. The waiting time has increased heavily in the past two years due to the high numbers of asylum seekers. In the past year, as a means to increase flexibility, we have strived to develop alternative work methods, e.g. interprofessional teams, which would consist of staff with various competences that would handle cases on an end to end basis. This has primarily been used for applications deemed as manifestly unfounded. In the past few years the Migration Board has greatly increased the use of video interviews for asylum seekers which allows for additional flexibility (reduced travel costs et cetera). b) There are no exceptions. During periods of heavy influx of applicants in the past few years ( in particular), a simplified 10

11 registration procedure was used for e.g. Syrian and Eritrean applicants. In practice this meant that a number of questions (e.g. brief information on the asylum claim) in the standard application procedure were pushed back until the asylum interview later on. This measure was taken to reduce initial bottle necks at Application Units. We have since increased capacity and opening hours (7 days a week) at Application Units to accommodate for quick and steep increases in the number of applicants. We have also developed a contingency plan to increase preparedness. a) Yes, applicants would normally lodge their application at one of the Migration Board s several Application Units, usually after having already entered the country (a small number apply at Stockholm s Arlanda Airport). Please see 1 a-b. b) Yes, in addition to questions on identity, the submission of identity documents et cetera, applicants are asked to briefly state their asylum claims. The latter is of help for the forthcoming procedure, e.g. in helping to determine the applicant s need for a legal counsel and for asylum case officers to prepare for the asylum interview (e.g. to determine which country of origin information is relevant for the case). c) Please see 1 a-b. Generally speaking the procedure runs smoothly at Application Units since capacity and opening hours were increased in We are facing an increased challenge, however, to provide the desired type of housing for applicants in the asylum procedure. Measures are expected in 2015 to improve this situation. Generally speaking there is no shortage of interpreters, with the exception of interpreters of Tigrigna in the wake of the increasing numbers of Eritrean asylum seekers in the past two years. a) No, not per se, please see 1 a on the processing of manifestly unfounded claims, however. Over certain periods in the past few years some Asylum Examination Units have solely processed e.g. Syrians and Stateless applicants (Palestinians) from Syria. b) No, we do not use profiling. 4. There is no fast track procedure in the sense that there is a particular process for a certain nationality of applicants. The Migration Board has not adopted a list of safe countries of origin. We use a uniform registration procedure, asylum interview and individual assessment of asylum claims for all applicants, regardless of nationality. Applications deemed as manifestly unfounded need to be finalized within three months. 5. The directive is implemented, but has not been used in practice. 6. Yes, such questions, but not detailed, are asked upon registration of an asylum application and in the asylum interview. Family reunification is, however, a separate procedure that would follow later on when/if the applicant is given permanent residence. United Kingdom Yes 1. a) There are no fixed time limits for processing an asylum claim within the community, although we aim to decide most cases within 6 months. b) - 11

12 a) The applicant has a screening interview when the application for asylum is registered. During this screening process the applicant will have their fingerprints taken and be photographed. The applicant is asked about their identity, nationality and travel route to the UK amongst other questions (see below at (b)). If information obtained at this stage suggests that the application for asylum is one that falls to be considered under the Dublin Regulation i.e. it is possible that another Dublin participating State is responsible for examining the merits or that other concepts covered in Art 25 of the APD 2005/85/EC apply, the case will be sent to our Dublin/Third Country Unit to consider in more detail. Otherwise the applicant will be assigned to either the regular or fast-track procedures (see below). For more information, please see b) Yes, but only briefly, and not with the purpose of making a decision. As indicated above (at 2 (a)) questions are also asked ask about personal and family details, travel and immigration history, support needs (is accommodation required), medical issues, previous criminal history and what documentation they have to support their application. This information will be used to help decide if the applicant s case is one that can be considered for transfer to another State e.g. with reference to the Dublin Regulation or on safe third country grounds or in terms of the substance of the claim itself whether it can be processed within the detained fast track or if they will remain in the community. An applicant will also need to bring along any dependents to the screening interview. c) No. a) The UK has the detained fast track (DFT) process which is used for a small minority of asylum applicants. A case is considered suitable for the fast track process where it appears to the Home Office that the asylum claim can be decided quickly and the DFT suitability exclusion criteria does not apply. Applicants in the detained fast track are held at specified immigration removal centres (IRCs) and the initial decision on their case and any appeals happen more quickly than they would if the applicant was in the community. b) No, each case is considered individually. 4. The non-suspensive appeal (NSA) process may be regarded as an accelerated procedure. If a case is certified as clearly unfounded under section 94 of the Nationality, Immigration Asylum Act 2002, the right of an in-country appeal is removed, so moving the case forward to the removal stage. If the individual wants to appeal, the appeal has to be from his/her country of origin Not applicable, as the Temporary Protection Directive has not been triggered by a Council Decision in accordance with Article 5 of the 12

13 Directive. 6. The personal details of spouse and minor children are obtained at screening stage including their location. The applicant is also asked for the details including location of their siblings and parents. Norway Yes 1. a) The time limit that pertains to asylum procedures are the same as for other types of applications and is regulated in the Public administration Act section 11 a. That is, they are to be handled without undue delay. Applications are channeled into different tracks according to country of origin. One of these tracks have a 48 hour deadline, and another 3 weeks. Most applications, however, are in the general track. This track is divided into subtracks, meaning that applications from countries that have high rate of rejects have a high priority, as do applications from Syria. Other applications from countries that have a high rate of accepts must wait much longer before they are called into the asylum interview. This pertains to applicants for Eritrea, Ethiopia, Sudan and Somalia. Independent of the track we try to make a decision within 10 days of the asylum interview. b) In case of increased influx we still would be handling applications without undue delay. a) We would not see this as different procedures, but more like elements in an initial phase. In this initial phase the police will ask these kinds of questions before the application is forwarded to the Norwegian Directorate of Immigration (UDI) b) In the registration phase the police pose two questions to all asylum applicants. One question is the basis on which they apply for asylum and the other is the expected consequences of being returned to country of origin. c) The initial registration phase is not handled by UDI, but by the police. The police is manned in order to handle a steady flow of applicants. On days of high number of applicants it happens that the applicant must wait until the following day before registration. This is mainly due to lack of staff at the police or a lack of interpreters. The police is required to register the application within 24 hours and this requirement has so far been met. When the number of applicants is high the police may recruit additional staff and also reallocate staff from other types of work to registration. a) Yes we do. We have different fast track procedures, one for applicants that the police have detained as charged with certain types of crime. There is another procedure for applications that must be handled within 48 hours. This applies to applications from (mostly) European countries. There is also a procedure for applications that must be handled within 3 weeks, also defined by the country of origin. b) As per now there is no such distinction. 13

14 4. Norway is not committed to the Procedure Directive of the EU. However, as described above we have accelerated procedures for certain applicants. 5. Norway is not committed to the Directive on temporary protection (2001/55/EC). However we have a corresponding legislation, which so far has never been used. 6. Yes, during the asylum interview we ask questions about family members (e.g. names/relation/details about when they lived together). During a family reunification procedure, further questions can be asked, e.g. when there is a doubt about the family ties. ************************ 14